Revolutionary War Pension and Bounty Land Warrant Application File S. 31,675, James Ferguson, Va.

(3-1776)
SERVICE
Ferguson James
NUMBER
S. 31.675
Va
CONTENTS

Arkansas No. 22.463.
James Ferguson.
of Batesville in the State of Arkansas who was a Pirate in the C. command by Captain Robinson of the R.Y.T command by Col. Campbell in the Virginia line for two years.
Inscribed on the Roll of Arkansas at the rate of 80. Dollars 00 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 6 th day of Nov. 1833 and sent to J. Dickinson. Batesville.
Arkansas No. 22.463. Arrears to the 14th of Sep. 1833. - 2 00. Sem-ant. allowance ending Mar 34. 40.
$ 240.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by W. H. Palmer Clerk,
Book Vol. 8 Page 137

Territory of Arkansas County of Lawrence
In the Circuit Court in and for said County of May Term 1833 H. P. Colbridge Judge
On this twenty first day of May in the year of our Lord one thousand eight hundred and thirty three personally appeared in open Court before the Judge thereof of the Circuit Court of Lawrence County Territory of Arkansas now sitting James Ferguson a resident of said County and Territory aged eighty one years who being first duly sworn according to Law doth on his Oath make the following declaration in order to obtain the benefit of the Act of Congress passed June the Seventh A.D. 1832. That he entered the Service of the United States under the following named Officers and served as herein stated, That in the latter part of the year 1778 or early part of the year 1779 in Orange County State of Virginia, he enlisted under Captain James Burton in the Regiment of Virginia State guards, of which Col. Roberts was Major, and Francis Taylor was Colonel that he was mustered immediately in Service and entered immediately on the duty of guarding Genl. Burgoyne & other prisoners whom he escorted from Albemarle through Grafton County to the Town of Winchester on the Shenandoah River, and remained and was engaged with his Regiment in actual Service for the term of two years in guarding the prisoners which were taken by the United States Troops. That at the expiration of two years as aforesaid during which time he had as aforesaid been engaged the whole time in actual duty in the Army of the United States he was discharged. That his discharge was signed by Col. Francis Taylor which he afterwards lost by leaving the same in the pocket of his clothes which were in washing and which afterwards fell into the hands of her husband from whom this deponent never recovered it. And further says that immediately after being so discharged he volunteered under one Captain Robinson in the light infantry of Virginia and was commanded by Col. Campbell. That after the death of Col. Campbell he was commanded by Genl. Wayne who took the command of the troops and this deponent with the troops marched in pursuit of the British forces commanded by Lord Cornwallis in Virginia. That he this deponent marched from Albemarle to Richmond from thence to Williamsburg thence to Little York and that he was present and engaged in the taking of Lord Cornwallis and assisted in and was one of the troops engaged in guarding the British to surrender town where he was again discharged.

he received a written discharge but don't recollect who signed it nor what became of it. That during the whole of said two terms he served as a private, tho' at the time of the siege of Little York That when he entered the service he lived in Orange County, Virginia where he was born - and that there is a record of his age among his relatives in Virginia but that he has none. That the last term of service herein mentioned he was three months in service - that he also served one month as a Substitute for a No- barr - That while in service he was engaged in the Battle of Hot Water in Virginia about 30 miles from James River - also at James River on the Seventh of June A.D. 1781 and at the little York at the taking of Lord Cornwallis. That he was acquainted with Col Francis Taylor - Major Roberts from Culpepper - Captain James Purton and Captain Parlin Berlin, that he cannot prove his services by the evidence of any person in this County and that he has no documentary evidence
The following Interrogatories were propounded by the Court to the applicant James Ferguson -
1 st Where and in what year was you born?
Answer I was born in Orange County in the State of Virginia on the 30 th of May 1752
2 nd Have you any record of your age and if so where is it
Ans r There is a family record among my relatives in Virginia
3 rd Where were you living when called into service, where have you lived since the Revolutionary war, if a substitute for whom?
Ans r I lived in Orange County in Virginia until I entered the service as above mentioned immediately after or within a short period after peace was restored I removed to North Carolina where I lived five years, from thence to  from thence to  to Tennessee where I lived 28 years thence to Alabama where I have lived one year, I was a substitute one month for a No-barr-
4 th When were you called into service -
Ans r The first time I enlisted - the second time I volunteered - and served one month as a volunteer substitute besides
5 th State the names of some of the Regular Officers who were with the Troops when you served such Continental Militia Regiments as you can recollect and the General Circumstances of your service
Ans r I recollect Genl Washington Col Francis Taylor Major Roberts Colonel James Purton Captain Parlin Berlin Genl Wayne Genl La Fayette Col Richardson, I was made a sergeant (2 nd sergeant) by the commanding Officer
6 Did you receive any Commission and if so by whom was it signed and what has become of it
Ans r I did not receive any
7 Did you ever receive a discharge if so by whom
Ans r I did it was signed by Col Francis Taylor and lost as above mentioned
8 th State the names of persons in your neighbourhood to whom you are known at the time and who can testify as to your character for veracity and good behavior your services as a Soldier of the Revolution.
Ans r I cannot state the names of any persons in my present neighbourhood who can prove my services in the Revolution but I would refer to the following to whom I am known in my present neighbourhood for my character for veracity and good behavior vizt Ans r Daniel Williams Davis Orr same D. Orr  same D. Williams William Thompson & David Perkins

I the foregoing name James Ferguson do hereby relinquish every claim whatever to a pension or Annuity except the present and declare that my name is not on the pension roll of the Agency of any State or Territory
Sworn to and subscribed before me in open court
D. R. Lowe Clerk
his James F. Ferguson mark
We David Orr a clergyman residing in the County of Lawrence Alabama and Benjamin Perkins Daniel Williams and Samuel D. Gilson residing in the same County hereby certify that we are well acquainted with James Ferguson who has sworn to and subscribed the above declaration and that we believe him to be eighty one years of age, and that he is respected and beloved to be in his neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion and that he is a man of truth and veracity and respectability and good behavior in the neighborhood where he resides
Samuel D. Gilson
Benjamin Perkins
Daniel Williams
David Orr
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the questions and information as presented by the War Department that the above named Applicant James Ferguson was a Revolutionary soldier and served as he states - And the Court further certifies that it appears to them that David Orr who has signed the preceding Certificate is a clergyman residing in the County of Lawrence and that Samuel D. Gilson Benjamin Perkins and Daniel Williams who have signed the same are residents in the same County and that their statements are entitled to credit
Thos. P. Rokridge

County of Philadelphia County of Lancaster
I David Neil - true clerk of the Circuit Court in and for said County do hereby certify that the foregoing contains the original proceedings in the matter of the application of James Ferguson for a patent
In testimony whereof I have hereunto set my hand as clerk and affixed the seal of Office this 21 st day of May A D 1833
David Neil Clerk

The pension Certificate of the within Applicant or other Communications will be directed to } Col - T. Dickinson Register of Pensions Office } Batesville Ark T.
27.334

Release to not such James Ferguson these packets
From the papers in the Revolutionary War pension claim, S. 31675, it appears that James Ferguson was born May 30, 1752, in Orange County, Virginia.
While a resident of that county, he enlisted late in 1778 or early in 1779 as a private in Captain James Burton's Company, in Colonel Francis Taylor's Virginia Regiment and served two years. He enlisted in 1781 and served three months as a private in Captain Robinson's Company in Colonel Campbell's Virginia Regiment and was in the battles of Hot Water, Virginia, and Jamestown. He also served one month as second sergeant and was in the siege of Yorktown.
Shortly after peace was declared he moved to North Carolina, from there to South Carolina and from there to Arkansas.
He was allowed pension on his application executed May 21, 1832, at which time he was a resident of Lawrence County, Arkansas.
There are no data relative to his family.
This is the history of the only James Ferguson who served with the Virginia troops that is found on the Revolutionary War records of this Bureau.
The Revolutionary War records of this Bureau fail to afford any information in regard to Jacob Froman who served with the Virginia troops, and none in regard to an Elijah Froman.
Very truly yours,
EARL D. CHURCH Commissioner
First James letter in case of James Ferguson 45461

31673
Recy
INVALID.
File No. 31,673
James Ferguson Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 135
[Arrangement of 1870.]
1920 Jan. 13 - sent to Hon. Hugo S. Black See letter - in Moses Fergusson, 18461. M.C.S.

June 18 By Arkansky
Batesville A.T. May 28th
27. 334 27. 334
3
1872
Joseph L. Edwards Esq. Pension office war department Washington City

Batesville Ark. Territory May 21 - 1883
Joseph L. Edwards Esq.
Sir
Inclosed I send the papers relating to the application of James Ferguson (a Revolutionary soldier) for a pension - the old man is very poor and would be gratified to hear soon the result of his application. Any communication upon the subject will be directed to me as he lives at a distance from any post office in his own county.
Respectfully
Yours &c Thomas M. Dickerson

27 333.
22463
James Ferguson
Arkansas
Page 137.
Jan 1860
Jan 1860
Adm 2 years $80
J. Dickenson
Batesville
Arkansas Feb 9

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his true signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the relation shown for his guardian.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine at once what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, or two months, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, for instance, specifying the name of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. In most, in every case, he clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either on the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must, in his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(a) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
(b) The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is now applied to continental troops only.
(c) This traditional evidence is indispensable in militia cases.
(d) If a witness cannot be found, the declarant must state the fact.
(e) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

BOUNTY LAND WARRANT RECORD CARD*
NAME Ferguson, John GRADE Private LINE Massachusetts
WARRANT NUMBER 4032 ACREAGE 100 ISSUED March 3, 1792 To Jane Ferguson, ad m .
It. books show this same warrant number for John Dutch, Sept. 26, 1791
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.